Murphy v. United States

Appellant was convicted of obstructing justice, D.'C.Code 1940, § 22-703, and was sentenced to prison. Several months afterward, he filed a motion for new trial on grounds of newly discovered evidence, which was denied after hearing.

The alleged newly discovered evidence was asserted to be a Juvenile Court record of a prosecution witness and was to be presented for purposes of impeaching that witness. As this court has said in Thompson v. United States, 1951, 88 U.S.App.D.C. 235, 188 F.2d 652, to obtain a new trial because of newly discovered evidence, the evidence relied on must not be merely…